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Certified copy of portion of proceedings, Meeting on August 17, 2004RESOLUTION NO. 04-70

RESOLUTION LIMITING SUPPORT FOR THE USA PATRIOT ACT

Whereas, the Humboldt County Board of Supervisors are mindful of and fully support the need to protect the security and safety of our nation; and

Whereas, the County of Humboldt has a long and distinguished tradition of protecting the civil rights and civil liberties of its residents; and

Whereas, the County of Humboldt has a diverse population including immigrants, students and working people, whose contributions to the community are vital to its character and function; and

Whereas, fundamental constitutional rights are essential to the preservation of a just and Democratic society, and

Whereas, Humboldt County Board of Supervisors has received concerns from the public regarding the USA Patriot Act's potential threats to constitutional rights and liberties; and

Whereas, the Humboldt County Board of Supervisors directed the Humboldt County Human Rights Commission to review the USA Patriot Act in light of the above noted expressed concerns from the general public; and

Whereas, the Humboldt County Human Rights Commission has determined the new powers, granted under the Patriot Act, appear to have weakened or eliminated the traditional cheeks and balances available to protect the civil rights and civil liberties of Humboldt County residents, and appear to foster racial and religious profiling particularly against those of Arab-American, Muslim and south Asian backgrounds; and

Whereas, on September 17, 2002, the Humboldt County Board of Supervisors, in recognition of the weakening of privacy protections acted to protect the privacy of Library patrons by adopting the ""Confidentiality of Library Records Policy.""

NOW, THEREFORE, BE IT RESOLVED that the Humboldt County Board of Supervisors:1. Affirms strong support for the fundamental Constitutional rights and opposes provisions of the USA Patriot Act that infringe on important civil liberties;2. Affirms strong support for the Constitutional rights of immigrant communities in Humboldt County and opposes racial profiling of immigrants;3. Affirms to the greatest extend possible, no local County resources, will be used for unconstitutional activities conducted under the USA Patriot Act or recent Executive Orders which permit such activities;4. Encourages those departments where public, personal information is held, to review and adopt where appropriate, policies similar to those of the County Library, which minimize the amount and type of personally identifiable data that is kept;5. Directs the Humboldt County Administrative Officer to report to the Humboldt County Board of Supervisors on policies, procedures discovered under review by County departments that appear not to protect the public's right to privacy and against unreasonable search and seizure to the fullest extent of the law.6. Directs staff to send a letter and copy of this resolution to Senators Dianne Feinstein and Barbara Boxer, and Congressman Mike Thompson urging them to work to repeal all provisions of the USA Patriot Act that infringe on civil liberties and asking them to inform the Humboldt County Board of Supervisors when future pending legislation which may also infringe upon those same rights and liberties are being considered. A copy of this letter and the resolution shall also be sent to President Bush and Attorney General John Ashcroft.7. Calls upon the citizens of Humboldt County and all local police officers to join in affirming the following principles: Every citizen has the right to freedom of speech and association. Every citizen has the right of freedom of religion. Every citizen has the right to assembly and privacy. Every citizen has the right to due process in judicial proceedings. Every citizen has the right to be free from unreasonable search and seizure. Every citizen has the right to equal protection under the law and the right not to be deprived of life, liberty or property without due process of law.

Adopted on motion by Supervisor Woolley, Seconded by Supervisor Neely, and the following vote:

I, LORA CANZONERI, Clerk of the Board of Supervisors, County of Humboldt, State of California, do hereby certify the foregoing to be a full, true, and correct copy of the original made in the above-entitled matter by said Board of Supervisors at a meeting held in Eureka, California as the same now appears of record in my Office.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of said Board of Supervisors.

LORA CANZONERI,Clerk of the Board of Supervisors of theCounty of Humboldt, State of California